Study On The Legal Effect Of Dynamic Chattel Mortgage

The nature of the Dynamic chattel mortgage is a legal issue that has been repeatedly reported,but has not been thoroughly explained.Whether the liquid pledge is a new form of pledge of security rights or an atypical guarantee outside the property law,there are differences in judicial practice,and the theoretical community has never reached a conclusion.Many scholars believe that the floating mortgage system is dead,and a floating pledged security with strong system advantages should be added to replace the floating mortgage system.However,the Civil Code(Draft)does not specifically add new provisions for Dynamic chattel mortgages and does not abolish existing Some floating mortgage systems are different from the legislative assumptions of many scholars.Article 63 of the Minutes of the Ninth National People's Congress provided a certain response to this issue outside of the civil code(draft)real property code,and provided strong guidance for solving the issue of the validity of movable pledges,but there were many problems.This article focuses on the study of the legal effects of movable property pledges,and insists on the hermeneutic writing position,and gets rid of the many misunderstandings on this issue caused by previous scholars' unclear or legislative positions,and insists on explaining In response to and clarifying the previous issues from the standpoint of the position,commented and analyzed the progress and deficiencies of Article 63 of the Minutes of the Minutes of jiumin meeting.The structure of this article is divided into four chapters:Chapter One is the introduction,the background and significance of the topic selection of the article,a review of the research status of the topic,the research ideas and methods of the topic,and the innovations and deficiencies of the article.Introduced.The second chapter is an overview of the selected topics.It examines the connotation of Dynamic chattel mortgage,compares and analyzes the characteristics of Dynamic chattel mortgage,and conducts a type of inductive analysis of the actual operation mode of Dynamic chattel mortgage.The definition of liquid pledge is only a comprehensive description of its characteristics.The third chapter is the controversy of topic selection.It introduces the controversies and differences in topic selection in theory and judicial practice,and analyzes the focus of the dispute.The author believes that scholars' disputes over movable property pledges are largely caused by different positions.The back-and-forth movement of legislative theory and interpretive theory has led to self-talk,and many issues cannot reach consensus.Chapter 4 provides a solution to the regulation of Dynamic chattel mortgage,and demonstrates that movable pledge cannot refer to the applicable floating pledge,but can be covered by general pledge,and the general pledge requirements should be directly applied.Based on this conclusion,the author tested the types of Dynamic chattel mortgages in practice,and concluded that there are only two effective modes,that is,direct ownership by the pledgee and direct possession by the supervisor,and two types of joint possession and pledger possession.Under the model,pledge does not hold.Article 63 of the Minutes of the Minutes of jiumin meeting is correct in characterizing Dynamic chattel mortgages as pledged security rights,but does not define Dynamic chattel mortgages;it provides judgment standards for the establishment of pledge rights,but does not clearly specify the effectiveness of joint-equity Dynamic chattel mortgages Nor does it define the extent to which supervisory possession is required;in terms of supervision,the supervisory contract is defined as a commission contract,which clarifies the nature of the supervisory contract.It may be more stipulated that Article 63 stipulates that the supervisor's compensation principle is the fault liability principle,but does not define the scope of compensation.Finally,the author concludes that the advantages of the liquid pledge system are mainly the supervision of third parties,which strengthens the control of debtors and collateral.If third-party supervision is also introduced in floating mortgages,that is,the combined form of floating mortgages and third-party supervision can also play a huge institutional advantage,reduce the cost of law amendments,and reduce judgment differences in judicial practice.Therefore,the existing floating mortgage system should not be abolished easily,but the floating mortgage should be transformed as much as possible to give the floating mortgage a new vitality.